The following guidelines relate to the management of pregnancy and maternity leave within Barnet Council and should be read in conjunction with the Maternity Policy.

Contents:

01. Maternity Leave
02. Time Off for Antenatal Care
03. Returning from Maternity Leave
04. Statutory Maternity Pay
05. Council Maternity Pay
06. Allowances
07. Health and Safety
08. Keeping in Touch Days
09. Grievances Relating to Maternity
10. Holidays
11. Management Briefing
12. Additional Paternity Leave
13. Employee Briefing

Keeping in Touch Checklist

July 2011 1 Maternity Leave

1.1 When a pregnancy is confirmed the employee should notify her line manager and HR, in writing, of the following:

- that she is pregnant
- of the expected week of childbirth (EWC)
- of the expected date of the commencement of maternity leave, which must not be a date earlier than the 11th week before the EWC.

1.2 EWC means the week, beginning with midnight between Saturday and Sunday, in which it is expected that the child will be born.

1.3 As soon as practicable after the notification of pregnancy, arrangements will be made for the employee to meet with her line manager. This will be an informal interview, the purpose of which is to ensure that:

- the right to ordinary maternity leave and additional leave, including the requirements to give appropriate notice is understood
- the right to return is explained, together with any potential opportunities for flexible working
- arrangements for time off are known, and any possible health and safety concerns are aired
- entitlements to payment during maternity leave are understood.

1.4 It is recognised that adequate arrangements for cover during the period of maternity leave and also for enabling the employee to keep in touch with any developments at work are important for ensuring smooth transitions at each stage. Accordingly, prior to the commencement of maternity leave the employee will be informed of the arrangements for covering her work and also for providing her with opportunities to remain in contact whilst on leave. As far as possible, such arrangements will be finalised in consultation with the employee. In addition, the employee will usually remain on circulation lists for internal memos and other documents, and will be included in invitations to work-related social events, as though still at work. 1.5 The Council will ensure that the employee will not suffer detriment of any kind as a result of her pregnancy, including being excluded from such opportunities as training and development. It is equally unlawful under the Sex Discrimination Act to pass over a woman for promotion because she is pregnant.

1.6 The employee has the right to return to her own job after ordinary maternity leave or to a suitable alternative one if this is not practicable after additional maternity leave. The Council will seek to avoid potential redundancies during periods of maternity leave. In accordance with statutory requirements, where job losses are unavoidable, the employees on maternity leave will be given first consideration for any suitable alternative employment that may arise, in accordance with the Council’s Managing Organisational Change Policy.

1.7 At least two weeks before the return to work, the employee will be invited for an informal meeting with her line manager in order to provide an opportunity for discussion of any material points concerning the return to work. These include:

- updating on developments at work
- considering whether any retraining needs have arisen, because of new technical or other developments
- providing the opportunity for a flexible working discussion in relation to the Council’s Flexible Working Policy

1.8 The interview will also provide an opportunity to discuss and explain any necessary and unavoidable changes to her work that may have taken place.

2 Time off for antenatal care

All pregnant employees are entitled to take paid time off during normal working hours to receive antenatal care. Antenatal care includes appointments with the Midwife, GP, hospital clinics, relaxation classes and parentcraft classes. Evidence of appointments must be produced if requested by her line manager. Line managers must be advised of the appointment as far in advance of the appointment as possible. 3 Returning from maternity leave

3.1 The employee has the right to return following ordinary leave or within 26 weeks to the same job on the same terms and conditions as if she had not been absent. If there is a redundancy situation, she is entitled to be offered a suitable alternative job, if one exists. If for health and safety reasons she was doing a different job from her usual one while she was pregnant, she may be required to return to that different job for a short time if she is still considered at risk.

3.2 Provided the employee has completed one year’s service she may extend her entitlement to maternity leave, ordinary or additional, by adding a period of unpaid parental leave to the end of it. A maximum of four weeks parental leave may be taken in any one year. If a woman extends her ordinary leave by up to four weeks’ parental leave, the same return-to-work rights apply.

3.3 If she extends her leave by more than four weeks' parental leave, then if it is not reasonably practicable for her to return to the same job, an alternative can be offered but on the same terms and conditions.

3.4 After additional maternity leave the employee is also entitled to return to the same job, on the same terms and conditions as if she had not been absent. However, if there is some reason why it is not practicable for the employee to return to the same job she must be offered a similar job on terms and conditions that are no less favourable than her original job.

3.5 If there is no such suitable vacancy or if the employee unreasonably refuses to take a vacancy that is suitable, the Council can refuse to take the employee back. However, the Council cannot assume that the employee has resigned. If she does not do so voluntarily the employer must dismiss her. The potentially fair reason for the dismissal will normally be some other substantial reason.

3.6 If the employee does not want to return to work at the end of her maternity leave, she should submit the requisite contractual notice to terminate her contract.

3.7 If the employee wishes to return to work before maternity leave has ended she must give the Council at least eight weeks’ notice of the date on which she intends to return.

3.8 If annual salary reviews occur during the period of absence, the employee will be notified of her reviewed salary at this time. She will receive the reviewed salary upon her return to work. 4 Statutory Maternity pay

4.1 If the employee has at least 26 weeks’ continuous service and average weekly earnings, at the start of the 15th week before the child is born, are above the lower earnings limit for National Insurance then she will normally be entitled to receive Statutory Maternity Pay (SMP) whether or not she intends to return to work.

4.2 SMP is payable at two rates for a maximum of 39 weeks. For the first six weeks the higher rate will be paid which is 90% of salary. After this time the lower statutory rate will be paid for 33 weeks or 90% of normal weekly earnings if lower.

4.3 If an employee becomes eligible for a pay rise between the start of the original calculation period and the end of her maternity leave the higher or standard rate of Statutory Maternity Pay will be recalculated to account for the employee’s pay rise, regardless of whether Statutory Maternity Pay has already been paid. The employee will be paid a lump sum to make up any difference.

4.4 To be entitled to maternity pay, the employee must give 28 days’ notice in writing of her absence on maternity grounds (as above). If it is intended only to take maternity leave then the written notice, as referred to above, is required.

4.5 Maternity pay will be paid into the bank account on the same date that the employee would have received her salary and will be subject to the usual deductions for tax, National Insurance and pension contributions.

4.6 If an employee does not qualify for maternity pay then she may be able to claim state maternity allowance. HR will be able to give advice on how to claim this.

5 Council Maternity Pay

5.1 To qualify for Council Maternity Pay the employee must have one year’s continuous local government service at 11 weeks before the EWC.

5.2 Council maternity pay comprises: i. Full normal weekly pay for the first 4 weeks and then 2 weeks at 9/10 of normal weekly salary. ii. The following 12 weeks at half pay plus standard rate Statutory Maternity Pay, if she declares her intention to return to work after maternity leave. This is conditional on returning for at least 13 weeks on existing hours or if on different hours, a period that equates to 13 weeks. This is without deduction unless the combined half pay and Statutory Maternity Pay or Maternity Allowance exceeds normal full pay. Working for Barnet

Or:

12 weeks at the standard rate of Statutory Maternity Pay when not intending to return to work

Then in both cases:

21 weeks at the Statutory Maternity Pay rate (or 9/10 of weekly pay if paid less than the weekly Statutory Maternity Pay rate).

5.3 Leave after the 39th week will be unpaid.

5.4 If the employee does not qualify for Council Maternity Pay she will still receive Statutory Maternity Pay.

5.5 Employees will be asked to sign an undertaking to confirm that they intend to return to work for at least three months full time following maternity leave, or a part time equivalent undertaking. If the employee subsequently chooses not to return she will be required to pay back the 12 weeks half pay from the Council Maternity Pay.

6 Allowances

6.1 Essential Car User Allowance – Under national conditions employees continue to receive the basic lump sum element of the essential car user allowance for the first three months and then half rate for the subsequent three months of the paid maternity period. If the return to work is delayed for medical reasons, the lump sum element will be paid at half rate for an extended period of up to a maximum of 4 weeks.

6.2 Car Loans- Salary deduction for car loans continue only for the duration of paid leave. There is no requirement to continue repayments during the period of unpaid maternity leave. Employees may elect to continue their repayments pending their return to work.

6.3 Pension – Pension contributions will be deducted on the day that pay is awarded. The length of service for pension purposes will be credited at its full calendar length (or pro rata for part timers). Contributions will stop during unpaid leave but can be ‘bought back’ once an employee returns to work over an agreed period by contacting HR.

6.4 Season Ticket Loan – There is a requirement to repay any season ticket loan to the Council before starting maternity leave.

6.5 Childcare Vouchers – For further information refer to the Council’s Childcare Voucher Scheme as depending on circumstances suspension of childcare vouchers during paid maternity leave may be preferable to increase the maternity pay she will receive. 7 Health and safety

7.1 The Management of Health and Safety at Work Regulations 1999 require the Council to conduct 'suitable and sufficient' assessments of risks. This requirement includes a specific obligation, where a workforce includes women of childbearing age, to assess the safety issues that may pose a risk to a new, expectant or breastfeeding mother or her baby. This requirement applies regardless of whether there are employees of this nature at any particular time.

7.2 A maternity risk assessment must be competently performed, any employer who fails to carry out an adequate maternity risk assessment risks a successful sex discrimination claim.

7.3 When conducting an assessment of risk, the Council will need to take account of risks that could arise from any process or working conditions, including any physical, biological or chemical agents. All reasonably practicable steps should be taken to prevent exposure to risks through removing the hazard or through implementing controls. New and expectant mothers cannot be required to work nights if they have a medical certificate stating that such work could damage their health. Alternative suitable work or hours of work should be offered, if possible, at no loss of pay to the employee. If a risk is identified that cannot be avoided and no suitable work is available elsewhere in the organisation, the Council can suspend the employee from work on full pay. This is known as maternity suspension.

7.4 It is for these reasons that pregnant employees are required to notify their line manager’s as soon as they are aware that they may be pregnant. Arrangements will then be made to alter working conditions if necessary or, if that is not possible, a suitable alternative job will be offered for the duration of the pregnancy.

7.5 The alternative arrangements may continue for six months after the birth of the child if the mother is still considered to be at risk.

8 Keeping in Touch Days

8.1 During maternity leave both parties may make reasonable contact with each other as they see fit. The Council must keep the employee informed of promotion opportunities, or changes affecting the workplace.

8.2 The ‘Keeping in Touch (KIT) provision allows an individual on maternity leave to go into work for up to ten days, which may be separate days or a single block, without losing any Statutory Maternity Pay or triggering the end of the maternity leave. This provision does not allow the line manager to insist that a employee on maternity leave should come into work, nor does it confer a right on the employee to be offered any work. For this provision to work, both the line manager and employee must agree: Working for Barnet

- that the employee will do some work
- the type of work, for example attendance at a training course.

8.3 The employee will be paid her normal daily rate in respect of the work done, this is offset against the Statutory Maternity Pay paid in respect of the working days against wages / salary.

8.4 Any work done on any day during the maternity leave period will count as a whole KIT day. If an employee comes in for a half-day's training or part of a conference she will have used one KIT day.

9 Grievances related to maternity rights

If there is dissatisfaction with any decision made in respect of an employee's maternity rights, she should instigate the formal grievance procedure as set out in the Council's Grievance Policy.

10 Holidays

Both the full statutory annual leave entitlement and any additional contractual entitlement are accrued throughout both ordinary maternity leave and additional maternity leave.

11 MANAGEMENT BRIEFING

The following information can be used by managers to help them support their employees throughout their pregnancy and maternity leave.

11.1 Introduction

This briefing sets out your responsibilities and what you and your member of staff must do to benefit from the maternity provisions available to her.

Talking to your employee about her plans at an early stage will help you both. The check list below sets out what you should do or consider to help you both to manage her work during pregnancy, maternity leave and her return to work. As maternity provisions are complicated, you should maintain regular contact with HR to ensure that the process is managed effectively and that statutory provisions are met.

11.2 When your employee tells you she is pregnant

Talk to her about what action you need to take now:

- You must carry out a risk assessment to identify any risk to your employee’s health or that of her child. If there is a risk you must remove it or make alternative arrangements. The risk assessment applies while she is pregnant and after she has had her child and returned, particularly if she will be breastfeeding. Working for Barnet

- You must allow your employee paid time off to attend ante-natal appointments. Apart from the first appointment, she must show you an appointment card if you ask for one.

- You must make sure that your employee is not treated unfairly.

11.3 Planning

- She will be entitled up to 52 weeks’ maternity leave – does she know now whether she will be taking the full leave entitlement?

- Does she have annual leave to take before her maternity leave?

- How will you manage her absence?

- You must not allow her to work for the first two weeks after the birth or for 4 weeks if her role includes manual handling.

11.4 Points to consider when she goes on maternity leave:

- Reallocate work or take on a temporary member of staff – You must consider the possible implications of stress placed on staff covering for employees on leave with little or no cover.

- You must hold her job open. If she is taking her entire leave entitlement, you can offer her a suitable alternative job if it is not reasonably practicable for you to keep her original job open. Seek advice from HR where necessary

- If your employee is returning during or at the end of the first 26 weeks (ordinary maternity leave) she is entitled to return to the same job and terms and conditions as if she had not been away.

- If she takes more than 26 weeks (additional maternity leave) she is entitled to return to the same job on the same terms and conditions. If that is not reasonably practicable she is entitled to return to a suitable job on terms and conditions at least as good as her previous job.

- If you take on a temporary member of staff and you expect their employment to end when your original employee returns you must tell them on appointment, and remind them of the employees expected date of return.

11.5 Within 28 days of receiving the maternity leave dates

- HR will write to your employee telling her when she is due back at work.

- HR will confirm to your employee whether she is entitled to SMP and if so, how much. Your employee will qualify for SMP if she has been employed by you continuously for 26 weeks by 15 weeks before the week her baby is due and earns at least enough to qualify for National Insurance purposes. SMP is paid for 39 weeks. HR will tell her if she does not qualify for SMP by giving her a form SMP1 that will help her to apply for Maternity Allowance.

11.6 Employee responsibilities

11.6.1 By the 15th week before the week her baby is due your employee must tell you:

- She is pregnant
- When her baby is due
- When she wants her maternity leave and pay to begin.

She must confirm her plans in writing. Your response makes sure you both are clear when the maternity leave will end. She must give you at least 28 days’ notice of when she wants her Statutory Maternity Pay to start and of any change to her plans on starting maternity leave. If she does not, you may postpone the start of her leave unless there is a good reason for less notice being given.

11.6.2 If your employee is absent due to her pregnancy in the four weeks before the week her baby is due, you may start her maternity leave and pay from the day after the first day of her absence.

11.6.3 If she later changes her mind, she must give you eight weeks’ notice and you may postpone her return if you wish until you have had that notice, although you cannot postpone it past the end of the 52-week period. If you do not respond to her notification of leave she will be entitled to change her mind and return when she wants without giving any notice.

11.7 Keeping in Contact

11.7.1 You and your employee are encouraged to make reasonable contact during maternity leave. You should agree with her what kind of contact you will have, example;

- How you will let her know about any changes happening at work, including job vacancies?
- Will there be opportunities for her to work or attend training, team briefings or other events during her maternity leave? If so you can agree that she works for up to 10 days during her leave for which she can be paid without losing her Statutory Maternity Pay. These days are known as ‘Keeping in Touch Days’, see below.

11.7.2 Keeping in touch can help to make it easier for both of you when she returns to work. She is not obliged to do any work or attend any events during maternity leave but if you both agree she can do up to 10 days’ work for you during her maternity leave. These are Working for Barnet

known as Keeping in Touch days. Further information is contained in the Policy, Operational Guidelines and a checklist attached at Annex A.

11.8 Return to Work

11.8.1 Before your employee returns

You should talk to your employee to plan her return to work and think about the practicalities.

If you employed a temporary worker to cover her absence you should consider when you need to give notice.

If your employee changes her mind about her return date, she must give you 8 weeks’ notice of the change. If she has not and you need more notice you can postpone her return until you have had eight weeks’ notice, although you cannot postpone this past the end of the 52-week period.

If your employee makes a written request under the statutory right to request flexible working you must follow the set procedure. It may be deemed to be potentially unfair discrimination if she is unjustifiably refused a change to her working pattern. You must consider her request carefully. You can refuse on genuine business grounds or agree to a different arrangement. It would be advisable to speak to HR if you are intending to refuse her request and look at the Flexible Working Policy.

If your employee lets you know she will be breastfeeding, you must talk to her about any arrangements you will need to make, complete a risk assessment and address any risks. You must provide facilities for your employee to rest and to store expressed milk.

If your employee has taken additional maternity leave and there is a good reason why she cannot return to her original job, you must offer her a suitable employment on terms at least as good as her original job. You should let your employee know the reasons and what job she will be returning to.

11.8.2 When your employee returns

On the first day back into work following Maternity Leave the employee should have a return to work meeting to address:

- her general well being

- a discussion about the role that she is returning to Working for Barnet

- possible training that may be required arising from any changes whilst the employee has been away from the workplace

- agreement on a settling in period

- whether a risk assessment needs to be completed

- to ensure that the employee is fully aware of their leave entitlements e.g. Parental Leave, Leave for Dependents and the possibility of requesting flexible working in the future should this be required.

11.8.3 The qualifying week is either:

- the 15th week before the expected date of birth
- the week the adopter was matched with a child for adoption (for UK adoptions)
- the later date of either: the end of the week in which official notification is received or the end of the week in which they complete 26 weeks' continuous employment (for overseas adoptions).

At the end of the meeting you keep notes of the discussion.

12. Additional Paternity Leave

12.1 When an employee on maternity leave returns to work, additional paternity leave may be possible for eligible employees. This will enable the father of the baby and/or the husband or partner (including same sex partner or civil partner) to take up to 26 weeks' leave to care for their new child. This leave and pay is only available to qualifying employees if the mother, or co-adopter, has returned to work. Special provisions apply if the mother or co-adopter dies during their maternity or adoption leave or pay period.

12.2 Eligible employees can start their additional paternity leave any time from 20 weeks after the child is born. The leave must have finished by the child's first birthday. A minimum of two weeks and a maximum of 26 continuous weeks' leave can be taken. For an employee to qualify for additional paternity leave they must:

- be the father of the baby and/or the husband or partner (including same-sex partner or civil partner) of a woman who is due to give birth on or after 3 April 2011 - a partner is someone who lives with the mother of the baby in an enduring family relationship but not an immediate relative

- have, or expect to have, the main responsibility for the baby's upbringing, apart from any responsibility of the mother

- have at least 26 weeks' continuous employment with the Council ending with the qualifying week - the 15th week before the expected week of childbirth Working for Barnet

- continue to work for the Council from the qualifying week into the week before they wish to take additional paternity leave - weeks run Sunday to Saturday

- be taking the time off to care for the baby.

12.3 Maternity leave and APL do not have to run back-to-back. The mother does not have to take 20 weeks’ leave before returning to work but, if she takes less, there would have to be a gap before the father could start APL (because this cannot start until 20 weeks after the birth). Leaving a gap may mean that some additional statutory paternity pay (ASPP) is lost. The father/partner could be entitled to ASPP if there is at least two weeks of the mother’s 39-week statutory maternity pay, or maternity allowance, period left to run and this period cannot be put ‘on hold’.

12.4 Additional statutory paternity pay is payable to eligible workers who meet the eligibility criteria for additional paternity leave and:

- they are taking time off to care for their child during their partner’s 39 week statutory maternity pay, maternity allowance or statutory adoption pay
- their partners have returned to work.

12.5 To qualify for additional statutory paternity pay the employee must have:

- average weekly earnings at or above the lower earnings limit for National Insurance contributions in force at the end of the qualifying week - currently £97 per week
- at least two weeks of the mother’s or adopter’s statutory maternity pay or maternity allowance period remaining

12.6 Full details on the eligibility and notification process for additional paternity leave can be found in the Paternity Leave Operational Guidelines. 13. MATERNITY - EMPLOYEE BRIEFING

CONGRATULATIONS - WHAT YOU NEED TO KNOW

a. Notification of Pregnancy At the 15th week before your Expected Week of Childbirth (EWC) inform your manager and HR in writing, that you are pregnant, your EWC and when you want your maternity leave to start. Within 28 days of informing your manager, HR will confirm in writing, your entitlements and the dates when you should start maternity leave and when you are due to return to work. You can change your start date but must ensure you give 28 days notice of the change in dates.

b. Maternity Leave You must provide 28 days notice before starting maternity leave

Maternity leave can start no earlier then the 11th week before EWC – up to the actual birth or when trigged by pregnancy related illness

The leave entitlements are;

- 26 weeks ordinary leave, followed by
- 26 weeks additional' leave

c. Pay Depending on the eligibility criteria, you are entitled to Statutory Maternity Pay, Occupational Maternity Pay or Maternity Allowance.

Statutory Maternity Pay (SMP) - to qualify you must;

- have continuous service of at least 26 weeks but less than one year's continuous service by the 15th week before the EWC
- provide HR your manager your MATB1 certificate (available from your midwife after the 21st week of your pregnancy)
- earn above the lower earnings limit for the payment of National Insurance
- still be pregnant at the 11th week before the EWC

You will be paid: Working for Barnet

- 6 weeks pay at 9/10th of normal weekly salary
- Followed by 33 weeks at the SMP rate (or 9/10th of earnings for 33 weeks if paid less than the weekly SMP rate)
- The remaining 13 weeks are unpaid.

Please check with HR for the current SMP rate per week. If you do not qualify for Statutory Maternity Pay, Maternity Allowance which equates to Statutory Maternity Pay can be claimed from Jobcentre Plus.

d. Occupational Maternity Pay

If you have one year’s local government service before the 11th week of EWC and intend to return to work after the birth, you will be entitled to Occupational Maternity Pay, which is paid at

i. full normal weekly pay for the first 4 weeks and then 2 weeks at 9/10th of normal weekly salary

ii. the following 12 weeks at half pay plus standard rate SMP, if you declare your intention to return to work after maternity leave. This is conditional on returning for at least 13 weeks on existing hours, or if on different hours, a period that equates to 13 weeks. This is without deduction unless the combined half pay and SMP or Maternity Allowance exceeds normal full pay.

or

12 weeks at the standard rate of SMP when not intending to return to work.

i. 21 weeks at the SMP rate (or 9/10th of weekly pay if paid less than the weekly SMP rate).

ii. The remaining 13 weeks are unpaid.

e. Keeping in Touch

You will be allowed to work up to 10 days work providing both you and your manager agree to this and agree to what work will be undertaken during this time. For further guidance please refer to the Maternity Policy and the keeping in touch checklist.

f. Return Date

You are encouraged to confirm with your manager of your date of return. If you wish to change of date of return you will need to do this within 8 weeks before the end of ordinary maternity or additional leave. For more detailed information please refer to the Maternity Policy or contact HR. ANNEX A

KEEPING IN TOUCH CHECKLIST

Name: ...........................................................................

Service Area: ...........................................................................

Address for Correspondence: ........................................................................... ...........................................................................

I would like to receive a copy of the following whilst on maternity leave:

*Please delete as appropriate.*

Team Newsletter: Yes / No

New or changes to policies & procedures: Yes / No

Minutes of departmental meetings: Yes / No

New or changes to strategic policies & procedures: Yes / No

Internal secondments or job opportunities: Yes / No

Training and Development opportunities: Yes / No

Any other information - please specify: ........................................................................... ...........................................................................

Suggested action list

Frequency of contact (*please delete as appropriate*)

Weekly / Fortnightly / Monthly / Bi-monthly

Line manager/colleague(s) to pay home visit Yes / No

To receive regular updates on relevant team projects: Yes / No

Reorientation days to be organised on your return to work: Yes / No

Employee Signature: ........................................ Date: ..............................

Line manager Signature: ........................................ Date: ..............................